Police enter a deli at 121 Susquehanna St. in Binghamton after four people were shot there on Friday. Police say none of the injuries were believed to be life threatening.(Photo: Andrew Thayer / Staff Photo)Buy Photo

A jury will decide whether a Binghamton man illegally possessed a loaded handgun that was fired in a scuffle Feb. 17 at a Susquehanna Street deli, injuring four people, including the defendant.

Fuquan Campbell, 20, has been indicted on a felony count of second-degree criminal possession of a weapon in connection with the incident. Jury selection for his trial is expected to begin Dec. 4 in Broome County Court.

Fuquan Campbell(Photo: BROOME COUNTY JAIL)

According to Binghamton police, Campbell and two other people got into a physical altercation inside the Yellow Deli at 121 Susquehanna St., around 2:40 p.m. Police said a 15-year-old bystander was wounded, in addition to Campbell and the two people he was fighting with.

The indictment accuses Campbell of possessing a loaded firearm in a place other than his home or place of business. If convicted, he could face up to 15 years in prison.

On Wednesday, following a pretrial hearing, Broome County Court Judge Joseph Cawley determined statements Campbell made to two members of the Binghamton Police Department before and during his treatment at UHS Wilson Medical Center were voluntary — officers were not required at that time to issue Miranda Warnings, such as the "right to remain silent."

According to testimony Wednesday, police considered Campbell a shooting victim and not a suspect during initial interviews not long after the incident. He had been shot once in the abdomen.

"He stated he was jumped by six males," Binghamton police Investigator Amanda Miller testified Wednesday. "He stated he didn't know what happened. I asked him if he had a weapon, he said 'No.'"

Defense lawyer Paul Battisti, probing whether Campbell was ever "in custody" when he spoke to police, also questioned whether police would have considered it incriminating if his client had admitted he had a gun at the time.

Miller said it wouldn't, then replied, "He could've very legally possessed a weapon."

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Police say at least four people were shot just before 3 p.m. Friday after a fight broke out inside a deli at 121 Susquehanna St. in Binghamton. None of the injuries were believed to be life threatening.(Photo: Andrew Thayer / Staff Photo)

Officers who converged at the deli after the initial shots fired report at first had a difficult time piecing together the "why" and "how" behind the shooting, said Binghamton Police Chief Joseph Zikuski.

The inside of the deli was a wreck, Zikuski said, but investigators were able to find "substantial evidence" inside.